ClipAwesome: Privacy Policy

Updated on May 19, 2016.

We, Makesto Infotech Private Limited, the developer of ClipAwesome app and the creator of this Privacy Policy ensure our firm commitment to your privacy vis-à-vis the protection of your personal information. In order to provide you with a rich experience with our services, we may collect and, in some circumstances, disclose information about you. We provide this notice explaining our practices and present the choices you can make about the way your information is collected and used.

If you have any questions or concerns regarding this privacy policy, please contact us at info@clipawesome.com.

1. OVERVIEW

We commit to respecting your online privacy data. We further recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us. Information that is considered personal about you by us includes, but is not limited to, your name, email address or other contact information.

In order to use this website / App, you are required to create an Account by providing us your name that is associated with the mobile phone / tablet / computer you are using.

This privacy policy also applies to data we collect from users who have not registered an account with us, including, but not limited to, browsing behavior, pages viewed, etc.

Further, while using our services, you can send us videos, images, and text that could contain Personal Information.

2. NOTIFICATION OF MODIFICATIONS

We reserve the right to modify this Privacy Policy at any time. We will record the last modified date of this document. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, it is deemed as consent by You to the so amended policies.

You are therefore advised to re-read the Privacy Policy on a regular basis. Should it be that you do not accept any of the modifications or amendments to the Terms, you may stop your use of this Website/App immediately.

3. INFORMATION WE COLLECT

In order to create an Account, you are required to provide a display name at registration that represents your identity on our Website/App.

Videos, images, and text posted by You may contain personal information.

For users with or without accounts, we collect information that we derive from the communication standard of the Internet such as the IP (Internet Protocol) address of your device (computer, mobile phone, smartphone etc.), the type of mobile device or tablet, web browser type and the operating system.

4. COOKIES

We may use data collection devices such as "cookies" on certain pages of our Websites/ App. "Cookies" are small files stored on your hard drive that assist us in providing customized services. We may also offer certain features that are only available through the use of a "cookie". Cookies can also help us provide information, which is targeted to your interests. Cookies may be used whether you register with us or not.

5. EXTERNAL LINKS

The Website/ App may include hyperlinks to other web sites or content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us.

You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

You acknowledge and agree that We are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of your personal information that you may be subject to. We recommend that when you enter a Third-Party Site, you review the Third Party Site’s privacy policy as it relates to safeguarding your personal information. We may use third-party advertising companies to serve ads when you visit the Website/ App.

6. OUR USE OF YOUR INFORMATION

When you post a video/story/comment on ClipAwesome, the images, artwork, photographs, text, voice-recordings, videos used in them (collectively, “Content”) are uploaded to our servers. Note that the Content you post on ClipAwesome may contain Personal Information. This content can be uploaded only when you have an account and hence, we assume that the information is posted by an adult (above the age of 18). You understand and acknowledge that this Content You post can be viewed by any user of ClipAwesome. If the Content is posted on behalf of another entity, You acknowledge that You have the legal consent of such entity to post this information.

Your contact information is used to contact you when necessary. We use your IP address to help diagnose problems with our server, and to administer our Website/ App. Your IP address is also used to help identify you and to gather broad demographic information. Finally, we may use your IP address to help protect our partners and ourselves from fraud. We will continue to enhance our security procedures as new technology becomes available. We will transfer information about you if We are acquired by or merged with another company/ firm. In this event, we will notify you by Push notifications or communication within our app or by putting a prominent notice on the site/ App before information about you is transferred and becomes subject to a different privacy policy.

We may release your personal information to a third-party in order to comply with a Court Order or other similar legal procedure, or when we believe in good faith that such disclosure is necessary to comply with the law; prevent imminent physical harm or financial loss; or investigate or take action regarding illegal activities, suspected fraud, or violations of Our Terms of Use. We may disclose personally identifiable information to parties in compliance with our Terms of Service as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, copyright infringement, piracy, or other unlawful activity. In such events, We may disclose name, country, email address, IP address etc.

7. CONFIDENTIALITY

You further acknowledge that the Website/ App may contain information which is designated confidential by Us and that you shall not disclose such information without our prior written consent.

Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.

8. OUR DISCLOSURE OF YOUR INFORMATION

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or members may abuse or misuse your information that they collect from our Websites/ App. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private.

As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party.

8.1 Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

9. ACCESSING, REVIEWING AND CHANGING YOUR ACCOUNT

Following registration, you can review and change the information you submitted. If you change any information we may keep track of your old information.

To remove your account so that others cannot view it, please contact us at info@clipawesome.com.

We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored 'back up' systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.

10. CONTROL OF YOUR PASSWORD or CODES

When you sign up to create an Account, we provide you Access Codes to access your account on other devices. In the future, you may be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your Access Codes and password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully, and keeping your password, Access Codes and computer/mobile phone secure.

You agree not to use the account, username, email address, Access Code or password of another Member at any time or to disclose your password/Access Code to any third party. If you choose to share this information with third parties to provide you additional services, you are responsible for all actions taken with your Account and therefore should review each third party's privacy policy. You are responsible for all actions taken with your Account, including fees. If you lose control of your password or Access Code, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password or Access Code has been compromised for any reason, you should immediately notify us of it for necessary action. You agree to notify us immediately if you suspect any consistent unauthorized use of your account or access to your password or Access Code even after changing or blocking them.

11. OTHER INFORMATION COLLECTORS

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Websites/ app or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since we do not control the privacy policies of the third parties, you are subject to ask questions before you disclose your personal information to others.

12. SECURITY

We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. We do not recommend transfer of sensitive information (such as credit card number) and bank account details via the Site/ App to other Users. Users are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once We receive it. However, "perfect security" does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.

13. DISCLAIMER

We cannot ensure that all of your private communications and other personal information (including sensitive information like credit card information and bank account number) will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your personal information will always remain private. As a user of the Site/ App, you understand and agree that you assume all responsibility and risk for your use of the Site/ App, the internet generally, and the documents you post or access and for your conduct on and off the Site/ App.

14. DISPUTES AND JURISDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this policy will be resolved through a two-step Alternate Dispute Resolution mechanism.

14.1. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in case both parties accept the proposed name, the said person shall be appointed as sole mediator. In any case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties, however the parties in good faith will attempt to bind by the decision.

14.2. Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Chennai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Chennai.

15. CONTACT US

If you have any questions about this Privacy Policy, the practices of Makesto Infotech Private Limited, or your experience with the app/website/service ClipAwesome, you can e-mail us at info@clipawesome.com.